CLA-2-73:RR:NC:N1:113 K82611

Ms. Jennifer Scott
Expeditors International, Inc.
21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of waste baskets from China.

Dear Ms. Scott:

In your letter dated January 16, 2004, you requested a ruling on behalf of Rix Products LLC on tariff classification.

The sample you provided is a tinplated waste basket for household use. It measures 10 inches in height and 8.5 inches in diameter. Although you suggest in your letter that the item be classified as household articles in heading 7323.99.5060, HTS, the Explanatory Notes tot the HTS indicate that waste baskets are correctly classified as other articles of iron or steel.

The applicable subheading for this product will be 7326.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other, of tinplate. The general rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division